2007 Article Index

Index to Articles Appearing in Volume 49, 2007
Orange County Lawyer Magazine

As a service to our readers, follows an index to Features, Special Features, Columns, and select Departments appearing in calendar year 2007. The index is arranged alphabetically by major article topic, then alphabetically within that topic.

Appellate Practice

  • Making Friends with the Court: Using Amicus Letters and Briefs to Help Your Case, by Sharon J. Arkin, March p.38
  • Oral Argument at the California Court of Appeal, by Nathan R. Scott, October p.10

Civil Procedure and Related Issues

  • Avoiding the Pitfalls of the Anti-SLAPP Statute, by Douglas A. Hedenkamp, September p.46
  • The Brave New World of Electronic Discovery and Document Management, by Jima Anne Kato, March p.6
  • The Evolving Landscape of E-Discovery in Intellectual Property Litigation, by Jonas G. Cikotas, April p.22
  • Latent Electronic Documents and Discovery, by Jeff Lenning, March p.18
  • Litigation Holds: Best Practices for Protecting Your Company’s Email Data from Inadvertent Loss and Spoliation, by R. Jeffrey Graham, October p.18
  • Use and Abuse of MSJs: A View from the Bench, by Hon. Michael J. Brenner and Jeremy G. March, March p.34

Class Action

  • Defendants Bear a Heavy Burden to Prove the Amount in Controversy under the Class Action Fairness Act of 2005, by Aashish Y. Desai, November p.10
  • The Watchdog Role: Determination of Fairness of Proposed Class Action Settlements, by Hon. David C. Velasquez, Karen Bravata, and Dan Welch, September p.33

Corporations and Business Entities

  • How to Value a Business When Data and Cooperation Are Not Forthcoming from Management: An In-Depth Examination of Forensic Business Valuations, by Chris Hamilton, June p.22
  • The Successful Direct and Cross-Examination of a Business Valuation Expert, by Hugh M. Christensen, May p.14

Courts, News and Recent Opinions

  • Expert More from the Court’s Temporary Judges—The Court Does, by Hon. Kirk H. Nakamura, August p.43
  • The Justice Centers: A Report from Orange County’s Limited Jurisdiction Courts, by Hon. Douglas Hatchimonji, December p.18
  • New High Court Pronouncements on Civil Law, by Charles H. Whitebread, November p.33
  • Recent Opinions in Civil, Family, and Juvenile Dependency Law from the Court of Appeal, Fourth District, Division Three, by Matthew K. Ross, May p.30
  • Santa Ana Bankruptcy Court—Despite Complete Turnover of Judges—Continues to Fairly and Efficiently Dispense Justice, by Ashley McDow, September p.18

Criminal Law

  • The “D” in DUI Stands for Driving, Doesn’t It? (What is “Driving” and Do You Know When You Are Doing It?), by David Salvin, January p.18
  • New High Court Pronouncements on Criminal Law, by Charles H. Whitebread, October p.46

Dispute Resolution, Mediation, and Arbitration

  • Compelling Non-Parties to an Arbitration Agreement to Arbitrate, by Peter C. Wittlin, July p.34
  • Mediation Confidentiality—The Brightest Line Rule in Law, by William J. Caplan, October p.42
  • Myths and Facts of Employment Arbitration, by Frank Cronin, April p.6
  • Risk-Oriented Mediation Manages Emotional Disputes, by Alexander S. Polsky, January p.31

Estate Planning

  • The Impact of the DRA on Estate Planning and Long-Term Care Planning, by Cori Nichols, November p.46

Ethics and Professional Responsibility

  • Ethically Speaking: Corporate Transactional Lawyers as “Gatekeepers,” by Carole J. Buckner, March p.45
  • Ethically Speaking: Crafting Nonprofit Client Protections: Has the State Bar’s Proposal Missed the Mark?, by Liz Pejeau and Arash Samadani, December p.42
  • Ethically Speaking: Ethical Considerations in Collaborative Family Law, by Carole J. Buckner, November p.50
  • Ethically Speaking: Ethical Issues Arising from Lawyer Impairment, by Carole J. Buckner, January p.42
  • Ethically Speaking: Practicing Law by the Code of the West, by Robert K. Sall, July p.42
  • Ethically Speaking: The SEC’s Proposed Noisy Withdrawal Rule: Intended and Unintended Consequences, by Shawn Harpen, Eric Landau, and Kathryn Lohmeyer, June p.42
  • Ethically Speaking: To Call or Not to Call Loss Prevention Counsel: That Is the Question, by Scott B. Garner and Jennifer R. Bagosy, October p.58
  • Ethically Speaking: Truth in Lawyer Advertising—Are Super Lawyers the Best Lawyers?, by Carole J. Buckner, April p.46
  • A Kind Word Is So Easily Spoken, by Hon. William M. Monroe, May p.24

Franchise and Distribution Law

  • Franchise and Distribution Law: California’s Newest Certified Specialty, by Robin Day Glenn, February p.36

Health Care Law

  • Out of Balance: The California Supreme Court will decide whether “balance billing” unfairly puts patients in the middle of fee disputes between providers and health plans, by Harry W.R. Chamberlain II, December p.26

Humor and the Law

  • A Criminal Waste of Space: Counseling for Councilors, by Justice William W. Bedsworth, December p.52
  • A Criminal Waste of Space: A Criminal Use of Waste, by Justice William W. Bedsworth, May p.50
  • A Criminal Waste of Space: Dalai Drama, by Justice William W. Bedsworth, October p.62
  • A Criminal Waste of Space: Heir of the Dog, by Justice William W. Bedsworth, November p.54
  • A Criminal Waste of Space: Just Another Modest Proposal, by Justice William W. Bedsworth, January p.50
  • A Criminal Waste of Space: Luckless in Lansing, by Justice William W. Bedsworth, March p.50
  • A Criminal Waste of Space: Name That Loon, by Justice William W. Bedsworth, February p.50
  • A Criminal Waste of Space: Not a Leg to Stand On, by Justice William W. Bedsworth, July p.46
  • A Criminal Waste of Space: “Railroaded,” by Justice William W. Bedsworth, September p.54
  • A Criminal Waste of Space: Skidding Off the Learning Curve, by Justice William W. Bedsworth, August p.46
  • A Criminal Waste of Space: Start Spreading the News, by Justice William W. Bedsworth, June p.50
  • A Criminal Waste of Space: Working a Tough Room, by Justice William W. Bedsworth, April p.52
  • Millar’s JurisDiction: A Dissent that is Truly a Dissent, by Richard W. Millar, Jr., January p.38
  • Millar’s JurisDiction: For Want of a License, an Appeal was Lost, by Richard W. Millar, Jr., May p.48
  • Millar’s JurisDicton: Of Free Speech and Two Dollars: The Ultimate Dissent, by Richard W. Millar, Jr., November p.14
  • Millar’s JurisDiction: Warning: Insulting the Judge Can Lead to Happy Meal Indigestion, by Richard W. Millar, Jr., October p.37
  • Millar’s JurisDiction: You Bet Your Life: the New Judicial Game Show, by Richard W. Millar, Jr., March p.56

Immigration Law

  • The Quickest Way to a Green Card is Harder Than You Think, by Heather L. Poole, July p.18

Insurance Law

  • A Few Random Insurance Issues in Business Litigation, by Harry J. Schulz, III and Brian Z. Bark, September p.38
  • Med Pay, Reimbursement and Chong, by Jonathan G. Stein, January p.12
  • Property Insurance Coverage for Soil Movement: Understanding the Basics, by Stephen M. Smith, February p.12

Intellectual Property

  • After the Big One: Helping Your Client Find Opportunities After the Shake-Up to the Patent World, by Ed Schlatter and John Heal, August p.24
  • Anti-Counterfeiting Strategies: What You Need To Know, by Lynda Zadra-Symes and Nicholas M. Zovko, August p.10
  • Before You Go to China: Strategies for Protecting Your Trademarks in China, by Jonathon A. Hyman, August p.34
  • Emerging Issues at the Interface of Non-Competition Agreements and Trade Secret Protection, by Bruce Brunda and James C. Yang, August p.8
  • The Laundry Route Cases and How Not to Get Taken to the Cleaners, by Jason E. Goldstein, September p.50
  • Patent Notice Letters After the Supreme Court’s MedImmune Decision: Prelude to a Deal, Or a License to Sue?, by Philip Nelson and Paul Conover, August p.38
  • A Supreme End to Patent Trolls?, by Irfan A. Lateef and Joshua Stowell, August p.18

International Law

  • International Career Alternatives: An Orange County Lawyer in Morocco, by Shelley M. Liberto, January p.6

Jurisprudence, General Interest, etc.

  • Arguing By the Book, by Ona Russell, January p.34
  • Authorizing Intent, by Ona Russell, February p.26
  • BBC—Not Just the Home of Monty Python, by Joel S. Miliband, July p.10
  • Crossing Borders, by Ona Russell, April p.42
  • Framing the Law, by Ona Russell, October p.38
  • An Imitation of Life, by Ona Russell, December p.50
  • The Literary Nature of Environmental Law, by Ona Russell, July p.38

Labor and Employment

  • 10 Quirks Every Attorney Should Know About California Employment Law, by Tiffanny Brosnan and Brian Mills, June p.18

Native American Law

  • Indian Sovereignty—A Brief History, by Daniel Lee Jacobson, June p.32

OCBA Awards, Goals, Outreach, Pro Bono, Committees, Etc.

  • Cover Story: Donna H. Fouste—Harmon G. Scoville Award Recipient, by Dean J. Zipser, May p.10
  • Cover Story: Fore the Cause, by Julie McCoy and Carole Martinez, August p.7
  • Cover Story: Franklin G. West Award Recipient: Marge Fuller—“First, Last and Always . . . Marge,” by Kim R. Hubbard, February p.6
  • Cover Story: The OCBA’s Secretarial Candidates for 2008: John Hueston and Serge Tomassian, October p.7
  • Cover Story: Orange County Bar Association Young Lawyers Division: Racing into the Future, by Teresa A. McQueen, July p.6
  • Cover Story: The Public Law Center’s 2007 Volunteers for Justice Dinner—A Celebration of Community Involvement, by Kenneth W. Babcock, September p.7
  • Cover Story: The Teenage Legal Survival Skills Program Report Card, by Wayne Gross, November p.7
  • Cover Story: VIP Orange County Celebrates 25 Years of Mentoring Success, by David Borsari and Will Mittendorf, April p.18
  • Cover Story: Who’s Who in the OCBA, March p.14
  • Cover Story: Who’s Who in the OCBA Part II - The Affiliate Bars—Reflecting on the Rich Diversity of the OC Legal Community, June p.8
  • LawSuits 2007—Continue to Provide Hope: A Business Clothing Drive to Benefit the Orange County Rescue Mission, by Kenneth Wang, June p.6
  • Making a Difference Through OCBA’s Resolutions Committee, by Lei Lei Wang Ekvall, 2006 Chair of the OCBA Resolutions Committee, January p.22
  • The OCBA’s New Executive Director: Trudy Levindofske, by Richard W. Millar, Jr., July p.3
  • Participate in Creating Law: Join the OCBA Delegation at the Conference of Delegates in Anaheim, by Ed Schlatter, July p.14
  • President’s Page: Big Firms with a Big Heart, by Joseph L. Chairez, June p.5
  • President’s Page: Breaking the Cycle of Crime: Program Short Stop and VIP Mentors, by Joseph L. Chairez, September p.5
  • President’s Page: Can You Hear Me Now?: OCBA’s Call-a-Lawyer Program, by Joseph L. Chairez, July p.9
  • President’s Page: Closing the Justice Gap: AB 2301, by Joseph L. Chairez, October p.5
  • President’s Page: Judges Setting a Benchmark for Volunteerism, by Joseph L. Chairez, December p.6
  • President’s Page: The Lawyer Next Door, by Joseph L. Chairez, January p.5
  • President’s Page: Lawyers Helping Develop an Action Plan for Justice, by Joseph L. Chairez, August p.5
  • President’s Page: Lawyers Helping Our Students, by Joseph L. Chairez, February p.5
  • President’s Page: Lawyers Helping to Provide a Safe Harbor for Families, by Joseph L. Chairez, March p.5
  • President’s Page: Lawyers Working on a Pipeline for Success: The El Viento Foundation, by Joseph L. Chairez, May p.5
  • President’s Page: Senior Lawyers Raising the Bar, by Joseph L. Chairez, November p.5
  • President’s Page: Two Lawyers Making a Difference for Our Young People, by Joseph L. Chairez, April p.5

Orange County Legal Community, Profiles of Members

  • Andrew Do: Chief of Staff to Orange County’s First Vietnamese-American Supervisor, by Richard W. Millar, Jr., June p.36
  • Brian Chase: President of the Orange County Trial Lawyers Association for 2007, by Richard W. Millar, Jr., April p.28
  • Cover Story: Joseph L. Chairez—An Adventurous Spirit, by Richard W. Millar, Jr., December p.8
  • The Honorable Frances Muñoz: A Lifetime of Focus, by Lorena Peñaloza, May p.6
  • The Honorable Nho Trong Nguyen: Epitomizing the American Dream, by Richard W. Millar, Jr., September p.21
  • Spotlight on John C. Hueston, by Richard W. Millar, Jr., February p.34

Practice of Law, including Office Technology and Office Management

  • 12 Questions to Ask Before You Hire a Lawyer, by William F. Zulch, April p.33
  • Apprenticeship and Speciality Certification Requirements—Reforms Long Overdue, by William M. Crosby, February p.46
  • Eliminate Vacation Policies for Attorneys, by James J. MacDonald, Jr. and John M. Polson, January p.24
  • How Can NALS Benefit Your Law Firm?, by Estelle S. Pete, April p.38
  • Low Cost, High Impact Strategies to Market Your Law Practice: Even if you only have five minutes to spend, by Terrie S. Wheeler, November p.18
  • Making Diversity and Inclusion Awareness Training Work in the Law Firm, by Vern? Myers, February p.18
  • Mobile Computing—More Securely, by Jeff Lenning, June p.38
  • Office Space: Why Lease When You Can Own?, by Stan A. Grombchevsky, December p.10
  • A Strategic New Approach to Internet Marketing, by Kevin W. Brown, March p.22
  • Tech Law: The Importance of Deleting Metadata . . . and How to Do It, by J. Craig Williams, January p. 48
  • Tech Law: Step Into the World of Document Management, by J. Craig Williams, February p.56

Public Contract Law

  • What Every Public Official and Public Agency Counsel (and Public Prosecutor) Should Know about the Public Contracting Process, by Jeremy G. March, October p.26

Securities Law

  • Sizing Up Private Securities Fraud Litigation in California State Courts, by Hon D. W. Hunt, September p.23


  • Murphy’s Law Clouds Tax Treatment of Damage Awards, by Robert W. Wood, February p.42

The Orange County Lawyer magazine gratefully acknowledges the substantial research and organization of Terese Laubscher, a Student Extern of the magazine, and a third year law student at Chapman University School of Law.